State v. . Stewart
Supreme Court of North Carolina
INDICTMENT for an assault and battery, tried at Spring Term, 1883, of Stokes Superior Court, before Graves, J. The assault is charged to have been committed with a deadly weapon. The defendant pleaded not guilty and former conviction.
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INDICTMENT for an assault and battery, tried at Spring Term, 1883, of Stokes Superior Court, before Graves, J. The assault is charged to have been committed with a deadly weapon. The defendant pleaded not guilty and former conviction. A jury trial was waived, and the court was requested to find the facts, and they were found by the court to be as follows: The defendant, within the last two years, assaulted Alexander Golding (named in the indictment) above the left eye, inflicting two wounds a half inch long, and cutting to the hone, which wounds had the appearance of being made with the…
1Opinion of the CourtAsi-ib, J.
It is a fundamental principle of the common law, declared in “ Magna Ctharta” and again in our Bill of Rights, that “no person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court.” Art. I, §13. The only exception to this is, where the legislature may provide other means of trial for petty misdemeanors with the the right of appeal — Proviso in same section. This is not one of the petty misdemeanors embraced in the proviso; and if it was, no such means of trial as that adopted in this case has been provided by the legislature. The court…
2Cited by23 opinions
- State v. . LuedersSupreme Court of North Carolina · 1938
- State v. HudsonSupreme Court of North Carolina · 1971
- State v. . HoltSupreme Court of North Carolina · 1884
- State v. WilsonSupreme Court of North Carolina · 2009
- State v. . PulliamSupreme Court of North Carolina · 1922
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